Also 4–5 contrait, -traȝt, 4–6 -tracte, 6 Sc. contrack. [a. OF. contract, now contrat = Pr. contract, It. contratto, ad. L. contract-us (u- stem), f. contract- ppl. stem of L. contrahĕre to CONTRACT. Formerly contra·ct.]
1. A mutual agreement between two or more parties that something shall be done or forborne by one or both; a compact, covenant, bargain; esp. such as has legal effects (see 2); a convention between states.
c. 1386. Chaucer, Friar’s T., 8. In punysshynge … Of chirche Reues and of testamentz Of contractes and eek of lakke of sacramentz.
1483. Caxton, Gold. Leg., 206/1. In lystris was a contracte which he losed and redressid.
1552. Lyndesay, Tragedy, 197. Had we with Ingland kepit our contrackis, Our nobyll men had leuit in peace and rest.
1758. Johnson, Idler, No. 1, ¶ 9. I make no contract, nor incur any obligation.
1790. Burke, Fr. Rev., 143. Society is indeed a contract.
1872. E. Peacock, Mabel Heron, I. viii. 123. He … faithfully carried out the terms of his contract.
1884. Standard, 28 Feb., 5/1. The stipulation … might find its place in any contract between friendly Powers.
b. esp. A business agreement for the supply of certain articles or the performance of specified work at a certain price, rate, or commission.
1602. Carew, Cornwall (1811), 422. A new contract for the tin.
1710. Steele, Tatler, No. 3, ¶ 6. Contracts are entered into with the merchants of Milan, for a great number of mules.
1765. Ann. Reg., 136. It was completed within two or three weeks of the time allowed by the contract.
1856. Emerson, Eng. Traits, Cockayne, Wks. (Bohn), II. 67. George of Cappadocia … got a lucrative contract to supply the army with bacon.
1873. J. S. Phillips, Explorer’s, etc., Comp. (ed. 2), 479. The contracts for the sinking of the shafts, driving levels, and stoping the ground, are let at the end of the working month.
1881. Besant & Rice, Chapl. of Fleet, I. iii. (1883), 13. [He] became a master builder, and made great sums of money by taking city contracts.
c. Phr. According to, by contract, etc.
1535. Coverdale, Ezra ix. 14. We haue … let go thy commaundementes, to make contracte with the people of these abhominacions.
1659. B. Harris, Parival’s Iron Age, 311. And now was the Austrian forces, (according to contract) joyned with the Polanders.
1666–7. Denham, Direct. to Painter, I. xii. 28. Falmouth was there, I know not what to act; Some say ’twas to grow Duke too, by contract.
1798. Wolcott (P. Pindar), Tales of Hoy, Wks. 1812, IV. 417. I think it must have been built by contract.
1863. Ruskin, Munera P. (1880), 136. Let our future sieges of Sebastopol be done by contract.
d. ‘A writing in which the terms of a bargain are included’ (J.).
1611. Bible, 1 Macc. xiii. 42. Then the people of Israel began to write in their instruments, and contracts, in the first yeere of Simon the high Priest [etc.].
1680. C’tess Manchester, in Hatton Corr. (1878), 219. A paper under his owne hand being found, a contract made to the divell.
2. In a legal sense: An agreement enforceable by law. a. An accepted promise to do or forbear; b. An agreement that effects a transfer of property; a conveyance.
c. 1386. [see 1].
1491. Act 7 Hen. VII., c. 24. Inhabitauntes … whiche had true cause of accion for … obligacions, contractis and other laufull causes.
1513–4. Act 5 Hen. VIII., c. 1. Preamb., Notaries … to … recorde the Knowlege of all contractes, bargeyns, convencions, pactes and agrementes made … within the seid Citie.
1641. Termes de la Ley, 82. Contract is a bargaine or covenant betweene two parties, where one thing is given for another.
1767. Blackstone, Comm., II. 442. A contract … is thus defined: ‘an agreement, upon sufficient consideration, to do or not to do a particular thing.’
1845. Stephen, Laws Eng., II. 55. There is in strictness a distinction between a promise and a contract; for the latter involves the idea of mutuality, which the former does not.
c. The department of law relating to such agreements.
1861. Maine, Anc. Law (1876), 304. The society of our day is mainly distinguished by the largeness of the sphere which is occupied … by contract.
1879. Sir W. Anson (title), Principles of the English Law of Contract.
3. spec. as to marriage. a. The act whereby two persons take each other in marriage.
c. 1315. Shoreham, 62. And ȝyf ryȝt contrait is y-maked Wyȝthoute wytnessynge.
1398. Trevisa, Barth. De P. R., VI. xiii. (1495), 197. In the contracte of weddinge a man byhotyth and oblygith hymself to lede his lyfe wyth his wyfe wythout departynge.
c. 1400. Three Kings Cologne (1886), 132. He schal make a contrait, a Matrimonye bitwix þe Emperouris sone of Rome and þe Emperouris doughter of Tartaryn.
1432–50. trans. Higden (Rolls), I. 355. Thei make not lawefulle contractes in matrimony.
1548. Hall, Chron., 244 b. The tyme of lawfull contract of mariage is not yet come.
1707. Miége, St. Gt. Brit., Irel. (1718), 5. Those that dwell in towns seldom make any contract of marrige with those in the country.
1757. Blackstone, Comm., I. 432. Our law considers marriage in no other light than as a civil contract.
b. Formal agreement for marriage; betrothal.
1551. Act 2 & 3 Edw. VI., c. 21. Under colour and pretence of a former contract made with another.
1600. Shaks., A. Y. L., III. 332. [Time] trots hard with a yong maid, between the contract of her marriage, and the day it is solemnizd.
1622. Bacon, Hen. VII., 81. Which defect (they said) though it would not euacuate a marriage … yet it was enough to make voide a contract.
1678. Bunyan, Pilgr., I. 218. The contract between the Bride and the Bridgroom was renewed.
1847. Tennyson, Princ., IV. 390. You have our son … give him your hand: Cleave to your contract.
c. The instrument of agreement for a marriage, the settlement.
1814. Scott, Ld. of Isles, IV. xxvii. Till at my feet he laid the ring, The ring and spousal contract both.
1818. Cruise, Digest (ed. 2), I. 232. The father and son are parties to the marriage contract.
† 4. The action of drawing together, or condition of being drawn together; mutual attraction.
c. 1607. Donne, Lett. Sir H. Goodere, Lett. (1651), 58. Nearer contracts than general Christianity, had made us so much towards one.
1626. Bacon, Sylva, § 944. Whereupon followeth that Appetite of Contract, and Coniunction, which is in Louers.
1654. R. Whitlock, Ζωοτομια, 337. Nothing more dethrones the mind of man, than the flatteries of a woman: or that contract of Hearts without which no wedlock.
† 5. ? Dealing, device. Obs.
1588. A. King, trans. Canisius’ Catech., 39. All unlauchfull … vsurping of vthir mens geir be thift … vsurie, inust winning, decept, and vther contractis.
6. attrib. and Comb. Often in the sense, ‘Done, made, or supplied by contract,’ with connotation of low price and inferior workmanship, as contract work, contract job, contract shoes, contract prices.
1665. Sir W. Coventry, in Pepys’ Corr., 280. By what time each contract-ship building may be ready.
1818. Art Preserv. Feet, 195. A contract shoe, which perhaps falls in pieces before his day’s march is half over.
1888. Pall Mall G., 2 Oct., 6/1. These vessels are to be completed within … one to two years from the contract dates.
